JP 3-28, page 78
Defense Support of Civil Authorities
Joint Publication: Defense Support of Civil Authorities
29 October 2018 public edition (Wayback JCS copy; S2 cited as JP 328 / JP 3-28 DSCA)
Searchable page text (OCR / PDF)
Chapter V
V-4
JP 3-28
processed by the National Geospatial-Intelligence Agency (NGA) is subject to specific
procedures covering the request for its use. Judge advocates, intelligence, and inspector
general personnel should ensure imagery collection and processing is in compliance with
NGA policy on requests for geospatial data or imagery and its authorized use.
Additionally, DODI 3115.15, Geospatial Intelligence (GEOINT), requires mandatory
security classification review of all data collected by airborne sensor platforms to
determine whether it can be disseminated. Additionally, these intelligence oversight rules
also apply to other sources of domestic imagery. Any domestic imagery captured must be
accomplished IAW NGA National System for Geospatial-Intelligence Manual FA 1806,
Domestic Imagery. Strict compliance with this regulatory document is necessary to ensure
compliance with current intelligence oversight programs.
(4) When determining what types of DOD capabilities, assets, and products are
required for a DSCA mission, planners need to also understand the various intelligence
collection platforms, their sensors, and how they operate. Issues to consider include
whether the sensor is fixed or moveable; whether the platform with the sensor can have its
course altered during a mission; how the data is collected, transmitted, and processed; and
the specific purpose of its mission. For example, an unmanned aircraft system (UAS) may
transmit data by live feed only to a line-of-sight receiver or by satellite to a remote location.
Additionally, units with weapon system video and tactical intelligence collection
capabilities may collect imagery during formal and continuation training missions as long
as the collected imagery is not for obtaining information about specific US persons or
private property. Collected imagery may incidentally include US persons or private
property without consent. For example, imagery could be collected of a private structure
so the imagery can be used as a visual navigational aid or to simulate targeting during
training. However, imagery may not be collected for the purpose of gathering any specific
information about a US person or private entity, without consent, nor may stored imagery
be retrievable by reference to a US person’s identifiers. It is important to understand the
distinction between visual information activities and other collection activities.
Information documented under the auspices of visual information activities (such as still
and motion imagery and video documentation in support of intelligence) support a variety
of purposes. When collecting information specifically for one of these purposes, adhere to
separate distinct policies, regulations, and rules. For further information on excluded
activities, see DODI 5040.02, Visual Information. It is also important that DOD
intelligence personnel assigned to support a DSCA mission understand the roles and
responsibilities of interagency partners, as well as the assets, platforms, and analytical
capabilities available through state and federal government organizations. Communication
and collaboration between DOD intelligence personnel and personnel from other agencies
and organizations during a domestic response are essential in developing unity of effort
and eliminating duplicative operations. Evidence of a criminal act incidentally collected
during an authorized mission using DOD intelligence capabilities shall be forwarded to the
appropriate LEA. However, altering the course of an airborne sensor from an approved
collection track to loiter over suspected criminal activities would no longer be incidental
collection and could result in a PCA violation unless specifically approved in advance.
Certain data contains classified metadata which may need to be stripped at a remote site
before it can be disseminated in an unclassified manner. A DSCA operation using DOD
capabilities, which includes support to LEAs, will require a separate mission authority